NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
October 22, 2009
IN RE NEW YORK REZULIN PRODUCTS LIABILITY LITIGATION
WILLIAM ANDREWS, ET AL., PLAINTIFFS,
PFIZER, INC., ET AL., DEFENDANTS.
GIRARDI/KEESE, NON-PARTY APPELLANT,
DUFFY, DUFFY & BURDO, ESQS., NON-PARTY RESPONDENT.
Judgment, Supreme Court, New York County (Helen E. Freedman, J.), entered June 19, 2008, in favor of nonparty Duffy, Duffy & Burdo, Esqs. (Duffy) and against nonparty Girardi/Keese (Girardi) in the sum of $1,261,521.18, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Mazzarelli, Sweeny, Renwick, Richter, JJ.
There is no basis to disturb the court's determination in favor of Duffy (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 ). At the hearing, Girardi called no witnesses on its own behalf to contradict the testimony of Duffy's witnesses as to the existence of an oral one-third fee arrangement between the two firms. The court properly declined to consider affidavits by a witness who was not available for cross-examination in court (see Seinfeld v Robinson, 300 AD2d 208 ).
We have considered Girardi's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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